| Citation(s) |
|---|
| 1992 SLG 1109 1992 SLD 1109 1992 CLC 2396 |
Sindh High Court
Civil Suit No. 460 and C.M.A. No. 3911 of 1992, decided on9th August, 1992
WAJIHUDDIN AHMED, J
Sharaf Faridi. for Plaintiff. K,M. Nadeem, A.A.G. for Defendants Nos. 1 and 2. Abdul Hafeez Pirzada alongwith Rana Ikramullah for Defendant No. 3. Abbas Ali for Defendants No. 4. Defendant No. 5 in person. Abdul Hafeez Lakho for Defendant No. 6
Civil Suit No. 460 and C.M.A. No. 3911 of 1992, decided on9th August, 1992
WAJIHUDDIN AHMED, J
Sharaf Faridi. for Plaintiff. K,M. Nadeem, A.A.G. for Defendants Nos. 1 and 2. Abdul Hafeez Pirzada alongwith Rana Ikramullah for Defendant No. 3. Abbas Ali for Defendants No. 4. Defendant No. 5 in person. Abdul Hafeez Lakho for Defendant No. 6
ZAHID HUSSAIN vsGOVERNMENT OF SINDH through Secretary, Local Government and RURal Department and 5 others
Law:
Section:
(a) Sindh Local Government Ordinance (XII of 1979)--- ---- Ss.45,53 & 54 --- Octroi contract --- Procedure for grant of Octroi contract--Power of Government to give directions to Local Council for grant of such contract --- Extent --- Concept of regular open auction and negotiated contract and statutory requirements for each stated The octroi contract was to be concluded in furtherance of an open auction alone. In the event of a regular public auction there was no requirement of any confirmation from the Government, if the highest bid is accepted. However' the Government of Sindh was shown to have issued a policy document requiring the submission of all auction papers before the formal award of any contract. It would appear that in the unfortunate state of things, which prevails in the local bodies, Government could lawfully call for auction papers to ensure that no fraud or other malpractice was involved in the auction proceedings and the highest bid, if any, was a genuine one, catering to public interest. If not the Government could act in terms of sections 45, 53 and 54 of, the Ordinance and recall the auction, ordering either a fresh one 'or an action in terms of the second proviso to section 54 (4) requiring a negotiated contract, conducive to public interest. If, however, the highest bid received at an auction satisfied the requirements of law and justice the Government would be expected not to interfere and no confirmation from it would be required in allowing the concerned local body to proceed with formalisation of the contract. At all times, the Government and the councils are to act within the parameters of their respective authorities, none transgressing the sphere of the other. Whereas the highest bidder, in a lawfully held auction, had a right and a local body could proceed to process the connected contract with him, once the Government had found the auction to be in order, without even the approval of the Government (section 45 (4), first proviso of the Ordinance) any resort -to the other bidders, lower in line and a contract with any of them would not be a contract concluded pursuant to the holding of auction. It would be a negotiated…
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